An open question — one not squarely addressed in my last entry here, Remain in the Climate Treaty — is whether the President may unilaterally lawfully withdraw the United States from the world’s climate treaty.
The question is important because, as the International Court of Justice determined last year, the United Nations Framework Convention on Climate Change (“the Climate Convention,” “the Treaty,” or “UNFCCC”) is a key source of the legal obligation imposed on every nation to combat dangerous climate change. Read more, here. . . .
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On first blush, it seems implausible that the President should be able to unilaterally withdraw from a treaty without some similar Senate vote of concurrence, as I noted in a recent discussion with the astute gang at the Climate Emergency Forum. |
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